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Business as Usual: Why ‘the Handshake’ Has Had Little Impact on the Fortunes of the Luo People

18 min read. “How can Raila be happy with the Handshake when it has does nothing for us in Nyanza?” posed the women. “At least during the coalition government, the fish factories were revived. The nusu mkate [half bread] government delivered some economic dividends. The recent pact seems to have no economic agenda for the urban poor who bore the brunt of police brutality in the last presidential elections.

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Business as Usual: Why ‘the Handshake’ Has Had Little Impact on the Fortunes of the Luo People
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“The Luo community is happy Raila is back at the centre,” intoned our physician friend, Dr Sam Owino. In the last twelve months, since the surprise political rapprochement between President Uhuru Kenyatta and his antagonist-in-chief Raila Odinga, the talk about town has been how the Luos are now reaping from the so-called “Handshake”. “We’re no longer the political bogeyman of the state,” reiterated the Nairobi physician. “It has never been fun carrying the tag and burden of oppositional politics in the country for all these years.”

After the Handshake, which had been preceded by a piercing palpable tension across the country, Raila, the leader of the nascent opposition outfit, the National Super Alliance (NASA), broke ranks with his colleagues Kalonzo Musyoka, Musalia Mudavadi and Moses Wetangula to sue for peace with President Uhuru of the Jubilee Party. “Koro wan eisirkal,” (We’re now in government…we’re no longer in the opposition) said Raila soon after the Handshake, a statement that was reiterated by President Uhuru. A visitor to the country soon after the combustible double elections would never appreciate and digest fully the import of that statement.

No community in Kenya has borne the brunt of the state’s political malice and economic sabotage than the Luo people, observed Oduor. “The Luo people have suffered the greatest political harassment and assassinations in this country, starting with Argwings Kodhek, who was killed in January 1969…”

To a section of the Luo community, “being in the political cold,” is a phrase they identify with all too well. “The Luo people have been in the opposition effectively since 1966, when President Jomo Kenyatta shunted his Vice President Jaramogi Oginga Odinga,” said Bernard Oduor, an advertising and marketing manager of a Nairobi-based publishing company. “Let another community shoulder the weight of being always on the receiving end of the state’s anti-development brutal policies and constant violence.”

No community in Kenya has borne the brunt of the state’s political malice and economic sabotage than the Luo people, observed Oduor. “The Luo people have suffered the greatest political harassment and assassinations in this country, starting with Argwings Kodhek, who was killed in January 1969. Six months later, Tom Mboya, perhaps the greatest of Luo leaders, was killed, possibly by the same forces that took care of Kodhek through a freak accident.”

That same year, 1969, the government detained Jaramogi with other Luo leaders for standing up to Jomo and the Kiambu Mafia’s imperial tendencies, recalls Oduor. “It was a cruel testament of the political harassment by the successive government of Presidents Jomo Kenyatta and Daniel arap Moi that by the time multipartyism was being re-introduced in Kenya, in 1991, Jaramogi was already frail, old and sickly.” A multiparty election was held in December 1992 and Jaramogi was elected the MP for Bondo. A year later, on January 20, 1994, Jaramogi was dead.

From 1963 to 1978, Kenya had been a de facto one party state. But in 1982, just before the attempted military putsch led by Kenya Air Force officers on August 1, 1982, the country become a de jure one party state, after Jaramogi and George Anyona, the firebrand politician from Gusiiland, walked to the registrar’s office at Sheria House and demanded to register their party – the Kenya African Socialist Alliance (KASA). Feeling threatened by the duo’s courage and determination to register a new party, one afternoon Moi summoned MPs and asked them to change the constitution to make Kenya a one-party dictatorship.

“Even though Robert Ouko, the brilliant foreign affairs minister, worked for the Kanu government and was a loyal lieutenant of Moi, they still got rid of him, proving that no Luo politician was good enough for a Kenyan government,” opined Oduor. “It has been a tortuous long journey and it’s time we enjoyed some respite.”

Broken promises    

In the aftermath of a contested August 8, 2017 election and the subsequent boycott of the second presidential election on October 26, 2017, the state visited violence on members of the Luo community in Nairobi County, and especially in the lakeside town of Kisumu, which is perceived as a base for the Luo community. In both cities, hordes of youth from the ghetto suburbs of Kibera and Mathare in Nairobi and Nyalenda and Kondele in Kisumu rioted, protesting the gross mismanagement of the election procedure. Many of the youth who were felled by the bullets of state security personnel were Luo youth.

“The Handshake was meant to cool the political temperatures, which were threatening to soar overboard,” said Steve Ochuodho, a researcher in African history. “It was to allow for the country to go back to its normal self and stabilise, with the aim of the country hopefully taking off economically. True, the country stabilised, but nothing much has really happened thereafter.”

The promises that Raila made after the Handshake, ostensibly to the Luo community, are nothing new, explained Ochuodho: “They are the same promises Raila has been making since 1997 when he merged his fledging National Democratic Party (NDP) with Kanu. Since then, it is the Odinga family that has continually grown rich at the expense of the Luo people…”

“Contrary to popular belief being peddled by ‘Raila evangelists’ that the Luos are now in government, nothing could be further from the truth,” noted Ochuodho. “Luos aren’t in the government and more than ever before, they are languishing in poverty. I fret every time I hear that Luos are now enjoying and I ask: Which Luos are these? If there are any Luos in government, they must be Raila’s friends or his relatives from Siaya County,” added the researcher.

The promises that Raila made after the Handshake, ostensibly to the Luo community, are nothing new, explained Ochuodho: “They are the same promises Raila has been making since 1997 when he merged his fledging National Democratic Party (NDP) with Kanu. Since then, it is the Odinga family that has continually grown rich at the expense of the Luo people. Because of these Raila Handshakes, the Luo people are treated as the Odinga family’s captives to be traded with politically any time the family wants to reap financially from the existing government.”

“There are no deliverables, neither are there fruits to be harvested from the Handshake,” said Ochuodho. “All what we are hearing is what it intends to do, It is classic political brinkmanship.” All what the Handshake has done is to entrench even further retrogressive leadership in Luo Nyanza.”

“Through the Handshake, Cyprian Awiti, the Homa Bay governor, came back. Every Luo voter, wherever he or she was, knew Awiti was never going to survive a by-election if the court upheld the petition.” Former Kasipul MP Oyugi Magwanga had successively petitioned both the High Court and the Court of Appeal, only for the Supreme Court to uphold his election victory in August 8, 2017.

With the coming by-election in Ugenya, Raila has already told the voters ahead of time that they should not let him down – that they should return Christopher Karan, who the court found had engaged in electoral malpractices, pointed out Ochuodho. “Kik ukuod wiya jothurwa, (Please don’t embarrass me), Raila told the voters when he went there recently. Even though Karan is unpopular, the ODM party still gave him a direct ticket.” David Ouma Ochieng, Karan’s chief opponent and the immediate former MP, whose petition was heard by the High Court in Kisumu, will be mounting a soap box when the by-election comes up on April 5, 2019.

“The Luo people were not ready for the Handshake,” said Mike Osilo, an information technologist in Nairobi. “Because they were ready for war. The state’s unceasing violence against the Luo people had created in them an appetite for unstoppable bloodshed. They were prepared to go the whole hog.”

Osilo said this hardline stance had been fomented during the October 26 fresh presidential elections when elections did not take place in four Nyanza counties (Homa Bay, Kisumu, Migori and Siaya). “For the first in the history of post-independent Kenya, a people had successively held back a state with all its militarised violence. From then on, the people decided there was no turning back and then the Handshake happened.”

“The Building the Bridges Initiative, the result of the Handshake, has now become a parastatal,” quipped Osilo. “It was meant to give jobs to the favoured boys. Everything is business as usual. If the Handshake and its appendage, the BBI, was serious in developing Luo Nyanza, it would have started by reviving Ahero Irrigation Scheme and the Chemilil, Muhoroni and Sony sugar factories…”

Osilo said Raila’s Handshake compensation promise to the families that lost their relatives in the last election, especially in Kisumu, has remained just that: a promise. “Immediately after the Handshake, Raila went down to Kondele, the site of the greatest state violence visited on a people. Scores of youth were killed by the GSU and Raila that night told their families that the government was going to compensate them. The people were in a very uncompromising mood, but Raila managed to calm them down. Twelve months later, there is nothing to show for that promise.”

“The Building the Bridges Initiative, the result of the Handshake, has now become a parastatal,” quipped Osilo. “It was meant to give jobs to the favoured boys. Everything is business as usual. If the Handshake and its appendage, the BBI, was serious in developing Luo Nyanza, it would have started by reviving Ahero Irrigation Scheme and the Chemilil, Muhoroni and Sony sugar factories, for instance. When I hear people talking of deliverables through the Handshake, I wonder where these deliverables are to be found.”

“Let it be on record: The much talked about dredging vessel brought to Lake Victoria actually preceded the Handshake – Raila just hijacked its launching on January 19, 2019. Likewise, the ongoing resuscitation of the Kenya Breweries Limited plant in Kisumu is not a product of the Handshake: KBL had already given the farmers the go-ahead [before the Handshake took place] to start sowing sorghum. As for the ferry transport on Lake Victoria, the World Bank had already mapped the lake for its Lake Victoria Transport programme as far back as 2016,” noted Osilo.

“One year down the line, the Handshake had become a forum for exchanging insults,” said Ochuodho. “Those who used Ruto to thrust a poisoned dagger into Raila’s back are the same people who are now are using him to stab Ruto in the back.” In Ochuodho’s view, “Canaan had become a mirage”, whose climax was deporting Joshua Miguna Miguna, a deportation Ochuodho squarely blames Raila for. “I can tell you this, the Handshake will not last – it will soon collapse, and after it collapses, Raila will walk away in shame, this time accompanied by old age.” The referendum which is supposed to be the outcome of BBI is “already poisoned,” summed up Ochuodho.

No bridges built in Kisumu

In the lakeshore Kisumu city, the Building Bridges Initiative (BBI)’s first anniversary went unnoticed. The residents we interviewed were resolute that the Handshake was still a puzzle and shrouded in mystery. Hence, the rapprochement means different things to different people. One year after it took place, it still dominates public discussions, eliciting more questions than answers.

“Did the Handshake simply substitute Luo-Kalenjin elite rivalry with the Luo-Gikuyu elite one? Are the Gikuyu elite now holding the ring between Raila Odinga and William Ruto? Who really is our enemy?” posed a middle-aged man at the Bunge la Wananchi (Peoples’ Parliament) meeting taking place under the huge canopy of an oak-like tree off the Kisumu-Kampala Road where real politik is earnestly and hotly debated during the lunch break.

For some of Kisumu’s residents, what the Handshake has succeeded in doing is resuscitate puzzling questions that revolve around Raila’s political deftness and survival instincts. “Raila’s an avid football fan and right now he has the ball…will he, this time just get away with a high ball against William Ruto? If he does, will Ruto, stand between him and the goal? Or, will he this time finally score the winning goal, now that the referees of the presidential tourney seems to be on his side?” mused Willis Ochieng. “Ruto is not a leader, he’s a dealer. There’s no doubt he would be bad for the country – he’s unsympathetic to the feelings of the people. But that aside, the big question that has been disturbing us is, just what is in it for the rest of the spectator crowd?

At the Kondele highway interchange, we met Shem Matiku, a cobbler who plies his trade below the interchange. Kondele was the site of fierce battles between the battle-hardened youth of the sprawling ghetto, who fought back the paramilitary police, the General Service Unit (GSU) in August 2017 after the first presidential election. Matiku had since put that terrible period behind him: “I’m an optimist. I believe Raila has the best interests of his people. Uhuru, unlike Ruto is not a hardliner, he could be a hard bargainer, but a bargainer nonetheless and that is why he made a pact with Raila.”

“Ruto’s too forceful,” reflected Matiku, in between shining his customers’ shoes. “It is as if he’s forcing the people to elect him: it’s either his way or the highway.” The cobbler observed that until Raila went into government, development in Luo Nyanza was lopsided. “Now we’re beginning to see some development our way: Kenya Breweries has reopened its factory and construction of roads has commenced and corruption is being fought…you know what…Raila helped Uhuru see state corruption in the government. Let the spirit of the Handshake flow. We support it one hundred percent.”

However, George Collins Owour, an astute civil society leader, is utterly unimpressed by the Handshake. “We wanted to put up a monument in honour of the victims of political violence, preferably at the Jomo Kenyatta sports ground and have Raila Odinga launch it,” said Owuor. “A monument that would tell the story of the victims of political violence, and a constant reminder to the youth of the dangers of political violence, while at the same time establishing a link between poverty and politics. The monument had been also intended to occupy a space for discussing political violence and how it distracts and destroys lives of many unhinged youth. It would remind them of the dangers of disorganised and unhelpful protests and thereby discourage them from participating in them.”

“The youth are always ready to participate in protests, but where are they now? Some were killed and maimed, others were arrested and falsely accused of robbery with violence and are now languishing in jail, having been forgotten,” lamented Owuor. “The irony is that the county government of Kisumu, while rejecting our proposal, was quick to fast track its own plans of erecting a statue in memory of Jaramogi Odinga.”

“Jaramogi initiated the Luo Thrift and Trading Corporation, which inspired small- and medium-scale business initiatives in Nyanza region. As a social democrat, Jaramogi also led popular grassroots movements for political and cultural awareness in the whole of East Africa,” said Prof Anyang Nyong’o, the Governor of Kisumu.

While the contribution of Jaramogi among the Luo community is in no doubt and cannot be contested, whether in Luo Nyanza or, indeed the entire country, to seemingly bury the history of the youth, who have paid with their lives for fighting for democracy, is callous and deceitful, bemoaned Owuor. “Let us not kid ourselves – the Handshake has not worked for the youth: the boda bodas (motor cycle riders), street vendors and hawkers are still suffering – some lost their lives, others are today living with live bullets in their bodies. Nobody talks about their plight and President Uhuru and Raila have largely forgotten about them.”

Owuor said it would be pretentious to build bridges when the youth have been neglected. “The youth had been promised Canaan. Instead what they got was a Handshake between two political bigwigs who cared for nothing as far as the youth were concerned. Because of this, Raila cannot hold a rally in Kisumu – the youth are still very embittered.”

The divided opinion of Kisumu residents suggested that the Handshake was a self-preservation elite pact. Raila’s core political constituents, still hurting and nursing post-presidential election injuries and injustices since 2007, and suffering biting hunger pangs in these economic hard times, have been forced, yet again, to defer their quest for justice and reparations.

The civil society leader said BBI was a reward for the boys. “I’ve been seeing them in seminars taking selfies, and we’ve yet to see a preliminary report of its findings. If BBI was working, we wouldn’t have heard the kind of political rhetoric and bitterness we witnessed at the Kirinyaga governors’ conference. Truth be told, BBI has been overtaken by events…stupid…succession politics is the order of the day.”

The divided opinion of Kisumu residents suggested that the Handshake was a self-preservation elite pact. Raila’s core political constituents, still hurting and nursing post-presidential election injuries and injustices since 2007, and suffering biting hunger pangs in these economic hard times, have been forced, yet again, to defer their quest for justice and reparations.

Hard feelings, brought about by past betrayals by a cross-section of the Gikuyu elite, the construction of a few road projects, the appointment of a few sons-of-the-soil into public offices, and some subsidy for the beleaguered sugarcane farmers to numb the Luo people’s raw wounds, as they cheat them again, are still very real.

The mixed reactions also revealed a wide gap between the politics that the Handshake enabled at the county level – where incompetent, corrupt, and nepotistic leadership is the name of the game, and where Raila’s hard core support base yearns for a clean and competent government that can deliver healthcare, food, and clean water – and national-level politics, where the very same Raila has been baying for the blood of some of the corrupt, inept and ethnic chauvinists in charge of various ministries.

Drunk with power by proxy

At the county level, the Handshake, it seems, is politics as usual. It starkly reminds Kenyans, especially residents of Kisumu, Homa Bay, Siaya and Migori counties, that their political fortunes or misfortunes since independence have risen or fallen hard with every elite pact, and the ever changing political coalitions, mostly beholden to expedient political interests.

“This time, it’s a call for a big sacrifice from Raila’s political ambitions, an exchange for the quest for justice for the electoral malpractices and victims of police violence, for some ‘development’,” and ultimately, Raila’s quest for the presidency or premiership,” posited Martin Augo.

If Raila’s core support base yearns for competent and accountable county governments is unmistakable, then the Handshake seemed to make such demands only at the national government level, points out Willis Ochieng, a tenderprenuer who has worked in several county governments in western Kenya. “The Handshake,” said Ochieng, “ilituliza joto la siasa, lakini wananchi bado hawana huduma. Ma MCAs, wamesahau hata watu wao kabisa. Wanapigana bunge kujaza mifuko yao tu.” (The Handshake cooled the political temperatures, but the people still lack services. These MCAs have completely ignored the people who elected them. They fight in their respective assemblies to fill their pockets).

In several social media platforms, Kenyans envy the counties that have made remarkable progress and built infrastructure that makes county residents proud, such as the stadium in Kakamega County, the hospital in Makueni County, and the level-six hospital in Kisii County. But hardly anyone envies a hyacinth-free Siaya or Homa Bay or a world class football stadium in Migori. Raila’s strongholds, it seems, have nothing to show for the six years of the devolved government experiment.

Drunk with power by proxy, the party, it seems, is wasting its energy, distracted by chasing “the rat that is escaping a burning house” rather than putting out the fire that is consuming the house. ODM, it seems, reserves its harshest punishment for minnows, inconsequential transgressions and comical infractions, rather than the life-and-death violations of the men-only governors of its core ODM political base…

One hears only an occasional gnashing of clerical teeth, a dissatisfied Anglican Church of Kenya (ACK) Bishop James Ochiel of Southern Nyanza diocese, but hardly a gnashing of the second liberators’ teeth, the custodians of the spirit of the struggle against bad government, among them the Orange Democratic Movement (ODM) party’s honchos.

Drunk with power by proxy, the party, it seems, is wasting its energy, distracted by chasing “the rat that is escaping a burning house” rather than putting out the fire that is consuming the house. ODM, it seems, reserves its harshest punishment for minnows, inconsequential transgressions and comical infractions, rather than the life-and-death violations of the men-only governors of its core ODM political base – men who, except for Prof Nyong’o, are seen as corrupt, nepotistic, incapable and fantastically generous with cash hand-outs, often given to a few hangers-on as they ride out a lacklustre two-term tenure at the helm of the Homa Bay, Siaya, and Migori county governments.

The ODM mandarins and Raila evangelists would rather they shadow and listen to the double meaning of Aisha Jumwa’s supposed disloyalty and sexed-up taunts of kiuno kiuno (hip gyrations) or “Kanugo e teko,” in Kisumu-speak. Aisha Jumwa’s flaunting of her sex appeal, which seems to gain the ire of the mostly male ODM party honchos, might look comical, but it is a timely reminder than the ODM party leaders may have to work extra hard to keep women’s support. Many women who support the party are hurting and hard done by tough economic times.

No justice for victims of political violence

In Kisumu’s Obunga slum, we sat down with two women outside the aptly named New Obunga Pub, who out of fear of reprisal from ODM Kisumu party hacks requested anonymity. “Risasi oweyo goyo udi wa. tear gas orumo,” (The bullets have stopped hitting our houses and the tear gas is no more), said the lady with a spec of gray hair. “The only respite we have now is that people are no longer running helter-skelter…we, at least, can move freely,” intoned her younger friend. “But there is nothing much else: there is no business, no income, we can’t buy anything because we don’t have the money. You just hustle as hard and kama kawaida (as usual nothing has changed). There is no work for the youth.”

Many, especially women, are still hurting and carrying the scars of the political violence of the 2017 presidential elections. They are also deeply impacted by the tough economic times. “Women were raped. Some lost family members, and although some of the victims formed a support group and were given food at the Kenyatta sports ground, they didn’t get any other help,” said one of the women, a human rights defender, who was hunched over an old model laptop plastered with stickers.

Justice for the victims of political violence has remained a sticky sour question. Unlike their counterparts from Central Kenya, many of the internally displaced people (IDPs) or returnees who came back to Kisumu and neighbouring counties are still waiting for the token financial compensation for the loss of land or livelihood.

The majority of the victims of the recent political violence feel let down by their elected leaders. At best, the elected leaders have been opportunistic and at worst indifferent to the plight of the victims. Shena Ryan, who works with a youth group that runs a charity for the poor living with HIV on the outskirts of Kisumu city, said, “It’s not enough to pay for the funeral expenses and give hand-outs to the bereaved for cheap publicity. A politician’s still a politician, always looking out for cheap glorification.”

Ryan reckons that the Handshake had restored stability, no doubt, because “Kikuyus could now again trade freely in Kibuye. We went to the streets, to protest electoral injustices, and some of us were killed. No one has got justice. They are telling us the OCS Nyalenda will be charged. Until these policemen are charged, it will remain just a narrative.”

Said the social worker, “I wasn’t for the Handshake and now, with the knowledge of hindsight, it would have been better had we not poured into the streets. Until the two buffaloes who shook hands come back to the people, purposefully apologise to the victims of the police violence, that Handshake means nothing. Recently, when the duo visited [to attend Jaramogi Oginga Odinga’s memorial in Bondo], we were told, ‘Do not heckle Jakom. Who’s Jakom?’” The Handshake has returned us into a one-part state; we are all now in the Jubilee Party.”

In place of the elected leaders, a consortium of civic organisations comprising the Kisumu City Residents Voice, the Kondele Justice Centre, the National Informal Sector Alliance and Kisumu Joint Bunge Initiative, among others, have stepped in to pursue justice for at least 67 people who incurred various bodily injuries, both in the run-up to and after the 2017 presidential elections.

The consortium has petitioned the office of the Chief Justice of Kenya, asking Justice David Maraga to establish a tribunal to look into how security officers singled out and policed Luo Nyanza region during the last general election, to pursue justice for the victims of police violence, and to recommend the prosecution of the police officers who may be found to have been culpable of violence.

Mixed fortunes

Kisumu residents feel that their elected leaders are also indifferent to their economic plight. “Tich tire” (I’m hard at work) says Governor Prof Anyang’, who valorises the Protestant work ethic. But his constituents, such as Willis Ojwang’, retort, “Tich tire; to kech kecho,” (You are hard at work, but hunger bites sting).

Kisumu is no longer stuck in a socialist-like rut of drab municipal and civil service housing, uniformly dull in a state of disrepair, and the old ubiquitous rickety and dusty Peugeot 404 plying the Kondele-Kondele route that were kept on the narrow and badly maintained roads by the combined genius of the city’s mechanics and take-no-prisoners drivers.

The regional marine transport into the port of Kisumu is as good as dead. And the railway tracks are buried deep in the soil. Yet, the urban poor now cruise through the city’s new road networks and underpasses, four or five passengers in a tuk tuk, (rickshaw-type three-wheeler taxis) or as one or two passengers on a boda boda. Its streets, especially in the CBD, all the way to Kisumu International Airport, are well lit at night.

But the city has not yet turned a corner. Its economy is not yet as dynamic as its demography, especially as it draws in other East Africans, such as the Burundians and more Ugandans, who are hawking consumer goods in search of surplus incomes. More than the Protestant work ethic, Kisumu’s economy is in dire need of structural change, the revival of agricultural sectors and ventures into agribusiness, if only to mitigate the widening gender inequality gap and meet the demands of regional integration.

“How can Raila be happy with the Handshake when it has does nothing for us in Nyanza?” posed the women. “At least during the coalition government, the fish factories were revived. The nusu mkate [half bread] government delivered some economic dividends. The recent pact seems to have no economic agenda for the urban poor who bore the brunt of police brutality in the last presidential elections.”

Although the revival of the KBL Kisumu plant held hope for some, the two women we talked to in Obunga complained that the plant employs people from Nairobi, Uganda, Nyakach, and Machakos, not the residents of Obunga as they had hoped. Worse still, for women who have been left out of the city’s better-paying male dominated boda boda and the car wash businesses, the fish processing companies, which used to employ many women directly and indirectly through trading in mgongo wazi (fish skeletons) is closed. “It was big business for all. But with the coming of the Chinese fish, the companies closed. These companies now use their big freezers and cold rooms to store and redistribute Chinese fish,” said one of the women.

“How can Raila be happy with the Handshake when it has does nothing for us in Nyanza?” posed the women. “At least during the coalition government, the fish factories were revived. The nusu mkate [half bread] government delivered some economic dividends. The recent pact seems to have no economic agenda for the urban poor who bore the brunt of police brutality in the last presidential elections.”

“Prostitution is rife here,” one of the women told us. “If you guys stayed a little longer, you’d see a traffic of women moving up towards Kondele, Gwara-Gwara or Ka-Lorry where sex goes for as little Sh20 per shot. What has the Handshake done for us? It has pushed us into sex slavery,” moaned the woman dejectedly as the sun was setting on Obunga slum.

Youth too have missed the BBI boat. If university students’ campus politics is a good indicator for the shifting political alliance, then Kathy Gitau, the articulate, urbane, and charming vice chairperson of the Maseno University students’ council knows all too well how significant local politics, including campus politics, are intricately tied to the centre.

Clutching a long list of names of students who deserve bursaries this semester, which are due for submission, she agreed that the Handshake, “had cooled down political temperatures …brought political stability, freedom of movement, and good working relationship across ethnic divides, and on campus, bridged the ethnic rift between students”, making it possible for her and team to invoke the spirit of the Handshake to canvass for votes. As a coalition of three women and four men, and as a coalition of a Luo (chairperson), a Kikuyu (vice chairperson), a Luhya (treasurer), a Kisii and Turkana, they had been elected.”

Stated Gitau: “Before the Handshake, it was hard for a Kikuyu or Kalenjin to get elected by the students. Ethnic discrimination against the Kikuyu and Kalenjin was rife among students. ‘Why should we give you a piece of cake here when you have the national cake?’ argued the students. Our competence, individuality, strong gender and ethnic balance swept us into office. All candidates in our coalition, except one, were elected. We won by a landslide,” said Gitau.

Still, Ms Gitau had some reservations. The Handshake, she said, “has bridged the divisions among the ordinary citizens who can now interact freely, but it has also widened the rift among the political class. It has killed the opposition. Raila now has a central role in government because he seems to have edged out Ruto. This could, as well, affect us, pitting us in an endless cycle of disputes and divisions.”

She, however, admitted that she still doesn’t understand what the Handshake is all about. “Is it supposed to end in a referendum? If so, how will we participate in a process whose outcome or end game is unknown or seems predetermined? What is in it for the youth? Be that as it may, the Handshake seems to have shifted the focus away from the Big Four Agenda issues of food, healthcare, housing and industrialisation.”

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Mr Kahura is a senior writer for The Elephant and Akoko Akech is a graduate student at the Makerere Institute of Social Research, presently living in Kisumu.

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Maendeleo ya Wanawake and the Politics of Silencing Women

7 min read. The main objective of Kenya’s largest women’s organisation has been to subdue women’s voices and to control the constituency of women, a purpose that was both necessary and effective in an undemocratic state. That it is being revived may indicate the type of politics the elite envision for Kenya’s women.

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Maendeleo ya Wanawake and the Politics of Silencing Women
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MYWO has always existed to subdue women’s voices and to control the constituency of women, a purpose that was both necessary and effective in an undemocratic state. That it is being revived may indicate the type of politics the elite envision for the foreseeable future

We are witnessing the Kenyan government’s attempt to reimpose silence as the preferred political language in this next phase of politics. These attempts are hidden in plain sight. Take for instance the Maendeleo Ya Wanawake Organisation (MYWO)’s recent public censure of the Member of Parliament for Kandara constituency, Alice Wahome, for criticising the president, or the Women’s League of the Kikuyu Council of Elders demanding that the Building Bridges Initiative (BBI)’s popularisation is the preserve of those aligned to the president.

According to its website, MYWO is a non-governmental organisation of over 25,000 affiliate women’s groups and over 4 million individual members. Registered in 1952 by a group of white settler women as part of the colonial government’s Department of Community Development and Rehabilitation, its purpose was to focus on women’s social welfare, which it did through organising women’s self-help groups around the country. In central Kenya where the movement for land, freedom and independence (the Mau Mau) was active, MYWO was treated with suspicion and there were rumours it was used to collect information on Mau Mau activities.

MYWO was initially funded by the colonial government and later the independence government and continued to focus primarily on social welfare and development. The post-independence MYWO continued to act as an appendage of the state, going so far as to merge with the ruling Kenya African National Union (KANU) party in 1987. MYWO, therefore, has deep roots in the state and the state as an institution for the control of people. It is an organisation by women but not for women; its purpose is to serve the interests of the state.

MYWO has never deviated from its historical roots and purpose. It has never been an independent women’s organisation, nor has it ever been invested in women’s political agency. Despite being founded and growing as a social welfare and “development” organisation, MYWO gained political relevance as a voice for the ruling party KANU during President Daniel arap Moi’s repressive 24-year single-party rule.

Because women were for all intents and purposes excluded from mainstream politics, MYWO was one of the few spaces for politically active women. Thus, some of its chairpersons include such politically active women as: Hon. Phoebe Asiyo, who was first elected in 1980 and was also the first person to table a bill for affirmative action for women’s representation in elective politics in 1997; Jael Ogombe Mobogo, who almost beat Mwai Kibaki in the race for Member of Parliament for Bahati Constituency in the 1969 elections; and Ruth Habwe, who was expelled from KANU in 1966 after she dared to run against KANU as an independent. Other chairpersons of MYWO include such prominent women as Hon. Zipporah Kittony, who was first nominated by President Moi as a KANU MP in 1988 and again by Gideon Moi, President Moi’s son and the Chairman of KANU, to the Senate 25 years later in 2013; and Jane Kiano, who was also a patron of the organisation until her death in 2018.

Despite being founded and growing as a social welfare and “development” organisation, MYWO gained political relevance as a voice for the ruling party KANU during President Daniel arap Moi’s repressive 24-year single-party rule.

However, MYWO’s influence began to decline during the “second liberation” as demands for multipartyism grew and civic space expanded. As the public space for women expanded, including through the promulgation of the Constitution in 2010, MYWO continued to shrink. Its resurgence to chastise Alice Wahome for criticising the president is, therefore, worth reflection.It is also worth noting that President Uhuru Kenyatta first ran on a KANU ticket and his political mentor was President Moi.

For the first time in our history, men and women form a class of citizens, neither with superior status, and both with the right to representation in elective and appointive bodies. Yet over the past decade, and especially in the last seven years, we have witnessed some of the most hardened resistance by the state to women as citizens — from systematic violations of the Constitution to exclude women from Parliament, Cabinet, and parastatal and ambassadorial appointments (as required by the Bill of Rights Article 27) to laws undermining their equality in marriage and the increase in violence against women by men in the public and private spheres.

In other words, there has been no shortage of “women’s issues” over the past decade. Women and women’s organisations working in women’s interests have had to demand, advocate and fight for women against the state despite the law – from court cases challenging these unconstitutional actions by Parliament and by the president to public advocacy for compliance with the rule of law to ensure women’s full representation in public space and politics. Women working for and on behalf of women have been at the forefront of challenging state illegalities that harm women, undermine their citizenship and limit their opportunities. During this time MYWO has been missing in action.

The loud silence of MYWO and others, including the Women’s League of the Kikuyu Council of Elders, is because they aren’t concerned with or working in the interests of Kenyan women generally; they are working for and in the interests of the state and a minority of women within the establishment. MYWO certainly does not protect the interests of women as a class of citizens. This isn’t to argue that their position is invalid or does not deserve a platform but to provide context and to assert it is not the women’s position.

MYWO was established to subdue women’s voices and to control the constituency of women, a purpose that was both necessary and effective in an undemocratic state. That it is being revived may indicate the type of politics the elite envision for the future of women in the country. The Kikuyu Council of Elders is the preserve of men, and the emergence of a “women’s league” in a notoriously misogynistic institution is probably a sign that the interests and positions being advanced are those of men.

The homogenisation of women

Women have been speaking for the past decade on issues of national importance. Where are those voices of women who have been speaking when it wasn’t convenient or politically expedient? Indeed, what the 2010 Constitution did to the consternation of the political elite is to create opportunities for the largest number of women in Kenyan politics – women who demand public space and national platforms without apology and on the same terms as men, women who speak against the state’s failure to protect women.

The loud silence of MYWO and others, including the Women’s League of the Kikuyu Council of Elders, is because they aren’t concerned with or working in the interests of Kenyan women generally; they are working for and in the interests of the state and a minority of women within the establishment.

But the way in which women who have been speaking for and on behalf of women against the state are being covered today is an attempt to homogenise women, to deny women the right to multiple and diverse opinions (see how this is consistent with a view of women as not real citizens). A small class of politically active women are also trying use the media to manipulate the public into seeing them as the “leaders” of the constituency of women so that they can leverage this standing to secure positions in the negotiated politics that is the fashion post-BBI.

Women are insulted, raped and killed and MYWO is silent, but a woman politician doing politics in a way that upsets the establishment is a cause for national statements. No woman with an issue – from the alienation of inheritance land or rape of her daughter in a public high school, or even the death of her daughter allegedly by a governor – runs to MYWO. However, the state runs to MYWO when it has issues with women.

To deny women diverse political opinions is to deny us the fullness of citizenship; it serves to infantilise us as well as to deny us agency at a time when the political elite is most vulnerable. Our politics is bad but it isn’t simple.  Attempts by the political elite to gloss over differences or muzzle dissent should be met with suspicion.The only way citizens can influence the direction or agenda of politics is through critical political engagement not mere acquiescence.

MYWO’s resurgence, especially in the role of the disciplinarian of women doing politics, is a harbinger of a politics without basic freedoms: freedom of association and speech, not just for women, but all citizens. The nature of our popular, predominately male, political analysis is to render anything articulated by a woman as peripheral to the national discourse and only for the consumption of other women. Whereas men speak and do politics for the public, women speak and do politics only for other women.

This analytical framework fails to take cognisance of changes in society, as well as the expanded public and political role of women, especially post-2010. In addition, it is stubbornly ahistorical, ignoring this administration’s history of violating women’s rights as a prelude to more expansive and systematic repression. We see the same modus operandi with court orders. The Parliament and the president have consistently violated court orders on the two-thirds gender rule, including refusing to enact legislation on women’s representation and naming an unconstitutional cabinet. Now court orders are violated to deny some citizens the right to enter the country, as well as release them on bail.

We would do well to broaden our political analysis to take women’s role seriously as citizens with agency and with diverse political perspectives and, therefore, as proponents of both progressive and regressive politics. Part of what is most threatening in the current context is diversity of political opinion, complexity and nuance among all citizens, not just women.

MYWO and organisations like it are telling women what the proper political position is, thus pulling women back from complicating the public space by demanding to be heard. This is especially damaging for women because women as a class of citizens have legitimate litigated grievances that challenge the legality and legitimacy of any proposed referendum or constitutional amendment processes.

Why women are critically important is because none of the legal processes to amend the Constitution are available because these institutions are unconstitutional as they exclude women. We have an unconstitutional cabinet, an unconstitutional Parliament, an unconstitutional electoral body and a political elite that have all but admitted that elections are hijacked by those in power. The scope of the current illegalities would seem to exclude the current holders of those positions from initiating or overseeing any constitutional amendment process. Instead of an unconstitutional government overseeing amendments to the Constitution, what we should have is an independent transitional government. But the political elite know that this political moment works in their collective interest only if it is a binary choice, uncomplicated by facts and the law.

As citizens we would do well to be suspicious of those seeking to silence us or to mould us into well-packaged constituencies, whether they be organised around ethnicity, gender or age, for sale to the highest bidder. We are being encouraged to consider political choices that are both illegal and ahistorical and questioning the framing is considered heresy. We seem to have learned nothing from the silencing of critics and the faux “tyranny of numbers” scenario.

Shrinking the political space, especially the space to disagree and oppose the status quo, is bad for citizens and great for politicians. The politics of silence is the politics of oppression; it merely starts with women but will eventually silence and oppress all citizens equally.

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How Moi Manipulated Luo Politics to Entrench His Authoritarian Rule

11 min read. An assessment of South Nyanza’s politics suggests that President Moi owed his long rule partly to the Luo elite’s internal divisions and rivalries. The Moi era is also a study on how authoritarian leaders sustained their grip on power during the Cold War.

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How Moi Manipulated Luo Politics to Entrench His Authoritarian Rule
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Daniel arap Moi, Kenya’s second and longest-serving post-independence president, was buried at his Kabarak home on February 12th. His death, eulogy and press coverage by the big commercial media outlets have stoked divisive debates and ambivalent recollections of the past, which recall Fyodor Dostoevsky’s observations that “while nothing is easier to denounce than an evildoer, nothing is more difficult than to understand him.”

How does one understand the evils of the Nyayo government if Moi was solely responsible for some of the evils of his government, but not all the evils were exclusively his? And what if some of the evils Moi is rightly condemned for, such as crony capitalism, sabotaging democracy, resisting political reforms, political murders and corruption, are also the evils that were perpetuated by his predecessors, Jomo Kenyatta and Mwai Kibaki, and even his successor, Uhuru Kenyatta?

Perhaps one way is not to see Moi as the African Big Man, which Moi’s death has brought back into circulation. Though convenient, the Big Man or strongman reference conceals rather than reveals the kind of state power an authoritarian ruler wields, and the internal and external political forces that also shape the politics of authoritarian regimes. It conceals the wellspring of crimes committed by an evil leader in charge of a highly centralised and unitary state, one where the executive’s power has been concentrated in the presidency in particular, without the mitigating effect of the counter-balancing powers of an independent Parliament and judiciary.

Moi’s evil rule dominated every aspect of Kenya’s political life because his rule, like Jomo Kenyatta’s, was absolute state power, which post-independent statecraft has often wrapped in the rhetoric of sovereignty, patriotism, discipline, order, and development.

Moi’s authoritarian rule wasn’t solely a product of a unique character trait in him as an individual; rather, it was a handmaiden of the statecraft of an unreformed highly centralised and unitary state. By using this form of state power to reward and punish, he adroitly exploited the national or regional political needs of Kenyans and the political schemes and rivalries among his political rivals, and astutely manipulated the greed and the cravings of the clergy, the intelligentsia, and bureaucrats.

Moi’s evil government also had the support of the West during the Ronald Reagan and Margaret Thatcher eras, which kept his repressive, corrupt and incompetent government going. Britain and the United States were clear about who the enemies of the West were during the Cold War: communism and radical nationalisms in Africa. They wanted to reconfigure African economies through neoliberalism. So his was hardly a one-man show.

Perhaps the politics of the South Nyanza district in the 1980s, which resonated with the politics of the other marginalised regions of Kenya, offers some answers. At that time, Kenyan elites were jostling for positions in the new political order under Moi, and the Nyanza elite were no exception. Signaling a political truce and an intention to bring back the ostracised Kenya People’s Union politicians back into the fold, Moi appointed Jaramogi Oginga Odinga as the Chairman of the Cotton Lint and Seed Marketing in 1980.

Moi’s evil rule dominated every aspect of Kenya’s political life because his rule, like Jomo Kenyatta’s, was absolute state power, which post-independent statecraft has often wrapped in the rhetoric of sovereignty, patriotism, discipline, order, and development.

But, as Anyang’ Nyongo regretfully explained in the Star, despite their concerted efforts to keep Jaramogi Oginga Odinga out of the limelight, Jaramogi granted Hillary Ng’weno of the Weekly Review an ill-timed interview. Moreover, in Mombasa, Jaramogi “denounced Kenyatta as a land grabber”. These successive events, as Nyongo notes, torpedoed what would have been the Moi-Odinga rapport because Moi was beholden to the very Jomo Kenyatta era forces that had forced Jaramogi Oginga Odinga out of government and that had jailed him.

After the Jaramogi Oginga Odinga debacle, Moi looked to South Nyanza for new leaders who did not have autonomous political constituencies such as Odinga’s, and leaders who would owe him their allegiance. Moi found willing accomplices in some South Nyanza elite with whom he could fend off political enemies, run a brutal and repressive state security apparatus, and build an alternative political base to Jaramogi Oginga Odinga’s. It was a move that stirred the undercurrents of the intra-Luo and inter-district elite competition, resentment, and envy.

Moi understood the Luo intra-ethnic political undercurrents, its elites’ vanities, greed, and opportunism and their region’s developmental challenges. He played one individual’s ambitions against another individual’s ambitions, or one district’s elite faction against another faction, thus keeping his would-be enemies busy and preoccupied with siasa ya kuchimbana.

Legacy of the Seventh Day Adventists

For years, the South Nyanza elite had felt that the district had lagged behind Kisumu and Siaya districts in terms of social and economic development. The area was beleaguered with a huge disease burden and high mortality rates. In Freedom and After, Tom Mboya, suggested that this had partly been the social cost of the Seventh Day Adventist (SDA) mission’s anti-educated African attitude and miniscule investment in the education sector.

Referring to a time when the education of the Africans was mainly left to Christian missionaries, Mboya lamented:

There were also churches—for instance, the Seventh Day Adventists—which thought it immoral to give Africans any academic education, and believed all they should learn was the Bible from the first page to the end, and perhaps how to do some woodwork and manual labour. Until a few years ago the Seventh Day Adventists thought it un-Christian for an African to want to go to high school and university. I know of many cases of Africans who were openly condemned in church for trying to get further academic education. In some cases Africans who defied the church on these matters lost their teaching jobs or the employment. As a result, you have today very few highly educated Africans among the Seventh Day Adventists.”

Mboya’s beef with the SDA mission, the dominant Christian mission in South Nyanza and the islands of Lake Victoria (locally known as Lolwe), can’t be dismissed as the coloured view of a Roman Catholic; missionary education was racially-biased across denominations. But the SDA church of the colonial times, with its Kenyan headquarters at Gendia mission in Kendu-Bay, and its roots in the millennial religions of white North Americans, seemed to have exported America’s virulent racist attitudes towards “free” black people. The SDA church of colonial times seemed to have resolved that the type of education the “natives” needed was apolitical education – the teaching of “technical” or functional education, the kind that would not stir political agitation, but would be good enough for the immediate needs of the white-dominated colonial economy.

Mboya’s beef with the SDA mission, the dominant Christian mission in South Nyanza and the islands of Lake Victoria (locally known as Lolwe), can’t be dismissed as the coloured view of a Roman Catholic; missionary education was racially-biased across denominations.

In an era when the colonial government assigned various Christian missions particular geographical locations – ostensibly to forestall religious conflicts – only the Anglicans (the Queen’s church) could establish a mission anywhere they fancied. Thus a Christian mission’s formal or informal policy could have a great impact on a region’s socio-economic (mis)fortunes. The white missionaries’ preference for high altitudes and cooler climates meant that there were very few missions and missionary schools in South Nyanza’s mostly hot, mosquito- and tsetse fly-infested areas.

The rise and rise of Hezekiah Oyugi

Tom Mboya’s rise as the ultimate champion of post-independence modernity held great hopes for South Nyanza. But his assassination on July 5, 1969 robbed the region of a grand patron and an impatient moderniser who felt that the colonial government had dealt the region an unfair card. Orphaned by Tom Mboya’s murder, South Nyanza, more than any other district, was a region yearning for a patron and inclusion in government.

But South Nyanza elites’ ambitions and popular needs, a laggard elite formation, poor social and economic welfare, especially when compared with the other Luo-dominated districts of Kisumu and Siaya, played into Daniel Moi’s Machiavellian hands. The failed Oginga Odinga and Moi rapport paved the way for Moi to shift the centre of gravity of Nyanza’s Luo community politics.

No one personified Daniel arap Moi’s attempt to shift the centre of gravity of Nyanza politics and to control it more than the late Hezekiah Nelson Oyugi Ogango, aka “Kalam Maduong” or the Big Pen. Oyugi’s nickname attested to the might of Oyugi’s powers, which he derived from his lofty position in the Provincial Administration, and later as Permanent Secretary in charge of internal security, an office he held at the pleasure of President Moi.

Hezekiah Oyugi’s meteoric rise in Moi’s government came as a big surprise, especially after another Hezekiah, and a Luo to boot, Hezekiah Ochuka Rabala, a senior private in the Kenya Air Force, was named as being at the centre of the 1982 abortive coup that was said to have had the blessing of Jaramogi Oginga Odinga. No one expected another Luo to come close to state power, and certainly not close to a national security organ.

A Homa Bay legend has it that in the 1980s, a goat had spoken to Hezekiah Oyugi when he was serving as a Provincial Administrator in the Rift Valley. The goat had told him to warn the Kenyan government or the president of an impending drought or famine and request them to build a buffer against such an eventuality. Oyugi promptly relayed the message. President Moi heeded the prophetic warning by building a grain reserve, thus averting a famine. The legend’s Old Testament undertones cast Oyugi as Joseph, the interpreter of dreams in the Pharaoh’s court.

Hezekiah Oyugi’s meteoric rise in Moi’s government came as a big surprise, especially after another Hezekiah, and a Luo to boot, Hezekiah Ochuka Rabala, a senior private in the Kenya Air Force, was named as being at the centre of the 1982 abortive coup that was said to have had the blessing of Jaramogi Oginga Odinga.

Oyugi, like Simeon Nyachae, was an ambitious workaholic and a stickler for rules who zealously served the Moi government while pursuing his own regional political ambitions and development agenda, especially in South Nyanza. Tired of the streetwise, honey-tongued and rib-tickling political orators with dismal “development” records, such Olouch Kanindo, Oyugi attempted to remake South Nyanza’s politics in the 1980s.

The Moi-Oyugi line-up of the favoured Members of Parliament included politicians such as Peter Nyakiamo, Dalmas Otieno and one maverick – if ever there was one – Professor Ouma Muga, and other loud and loutish Nyayo loyalist types. The new crop of leaders had expansive worldviews, were educated and experienced as administrators of big corporate or academic institutions, and were above all Nyayo loyalists.

In the mid-1980s, Moi came calling at Homa Bay. The KANU’s brass band was bigger and better than St John Seminary Rakwaro’s, which often graced Homa Bay town’s national day celebrations. South Nyanza, it was said, had topped the list of the districts with the highest number of registered KANU supporters for the two consecutive years preceding the presidential visit. This wasn’t entirely voluntary. During those years, KANU youth wingers forcibly recruited party members. They had laid siege at the entrances and exits of the town’s markets and the main bus park, letting in only those who had a KANU membership card and the annual KANU membership stamp (worth five or ten shillings) affixed to it. In addition, the KANU Maendeleo Ya Wanawake women, the party stalwarts who could secure more than five kilos of pishori rice or unga ngano, went door to door, making sure that every adult was a registered and duly paid card-carrying member of the ruling party.

With the rise and rise of Hezekiah Oyugi as the PS in charge of internal security, the fortunes of other Luo leaders, such as David Okiki Amayo (KANU’s national chairman), ministers Dalmas Otieno, James Okwanyo, and Peter Nyakiamo, and several assistant ministers, such as Professor Ouma Muga and Ochola Mak’Anyengo, appeared to be on the rise too. But were they?

When the tide of Nyayoism receded from the shores of South Nyanza in the early 1990s, a mixed bag of harvest was revealed. Some educational institutions, notably Kanga High School and the Migori Institute of Science and Technology, were established. There was employment in the Provincial Administration and the Administration Police. There were other goodies, such as a school bus and a few church buildings.

However, the region faced deepening economic decline: bad roads, collapsed marine transport, beleaguered cotton, sugarcane and fisheries sectors, declining public sector employment or retrenchment (popularly known as “the golden handshake”), and an increasing disease and healthcare burden. Moi’s government was also balkanising the old South Nyanza district, dividing it along its dominant language and clan cleavages, namely, Rachuonyo, Migori, Suba, and Kuria districts.

Around that time, Hezekiah Oyugi had also died mysteriously, which was quite common during the Nyayo era. And Moi was openly and widely resented.

Representation without development

In 1993, the MP for Kasipul Kabondo, Otieno K’Opiyo, asked the Minister of Health why there were no Nyayo wards built in the former South Nyanza district. Yet, in his words, “if you consider the proximity of the previous leaders of South Nyanza, all of them were in cabinet and were very, very close to and were co-operating with the KANU government, but in spite of all this cooperation by nine ministers, nothing was done…why did they not consider South Nyanza where they had the heartbeat of KANU throbbing day in day out?”

Although many Nyayo wards were never completed in several parts of the country, and the Moi government later said that the wards were supposedly mainly a self-help and a partially government-sponsored project, South Nyanza did not get a Nyayo ward despite the fact that Peter Nyakiamo, the MP for Mbita, was the Minister of Health when the Nyayo ward project was initiated.

How could this happen? Can this paradox of good cabinet representation without local development explain the kinds of tweets posted on the debate on Moi’s legacy, but informed by the former North Eastern Province’s harsher experiences? Rashid Abdi stated on Twitter:

He [Moi] kept North under emergency law, deepened hatred of the ethnic Somalis, forced discriminatory pink card on them, looked on as his troops massacred civilians in Wagalla, ran a prosperous country aground, disappeared & killed ForMin [foreign minister]. Whose legacy history will look to kindly it is Raila Odinga. Raila made his mark in the struggle for democracy, new constitution and devolution (notwithstanding qualms about BBI), on the one hand.”

And then there was Ahmednasir Abdullahi SC’s ambivalent reaction:

Despite the history of NFD, the Independence Referendum of 1963, the war of independence (the shifta wars) and Section 124? Of the constitution that imposed state of emergency on NFD from 1963 to 1992, BABA Moi made Somalis, Borana, Gabra, Rendille et al to part of Kenya.”

Dr Sally Kosgei, Nyayo’s last Head of Civil Service and Secretary to the Cabinet, in her eulogy at Kabakak during Moi’s funeral, put her finger on this paradox of cabinet representation without development when she noted without any sense of irony that Moi “managed the affairs of the state with his civil servants”. (Note: Moi’s civil servants, not Kenya’s civil service.)

It was clear to all that in Moi’s government, cabinet positions were largely symbolic and ministers were dispensable. The KBC 1 o’clock news bulletin announcing the sacking of ministers hung over the cabinet ministers’ heads like a guillotine.

In nearly all-key institutions of Kenya’s highly centralised state power, the locus of power was not the elected public face of any particular institution. Rather, Kenya’s state power was deliberately designed to subvert its citizens’ democratic will and aspiration. In some instances, the bureaucrats and henchmen who wielded the most power were invisible or largely unknown beyond their private spheres of influence.

It was clear to all that in Moi’s government, cabinet positions were largely symbolic and ministers were dispensable. The KBC 1 o’clock news bulletin announcing the sacking of ministers hung over the cabinet ministers’ heads like a guillotine.

The locus of power lay in the office of a bureaucrat appointed directly or indirectly by the president, often without security of tenure or with superficial security of tenure. (“His civil servants.”) So it was the Treasury, not the National Assembly, that allocated national resources. Within the National Assembly, the clerk had more authority than the speaker. In the justice sector, it was the Attorney General, not the Chief Justice, who was the ultimate legal authority. In any given ministry, it was the Permanent Secretary, not the minister, who made the important decisions. In local governments, it was the various clerks who wielded power. In the districts, the District Commissioners called the shots as chairmen of the District Development Committees and the District Security Committees. In the villages, it was the chiefs, not the elected councillors, who were the kingpins. Nearly all the elected leaders were subservient to the president’s appointed bureaucrats who had the “Authority to Incur Expenditure” behind the scenes.

An assessment of South Nyanza’s politics in the first decade of Moi’s presidency suggests that the former Kenyan president owed his long rule partly to the Luo elite’s internal divisions and rivalries – often ignited by none other than Moi himself. Moi adroitly and carefully co-opted the regional elite from marginalised ethnic groups, cynically exploiting their yearning for “development”, and keeping them happy and slavish. However, their appointment to key positions did little to bring “development” to their regions.

South Nyanza’s experience also suggests that Moi stayed in power for long because of his brutal repression of the opposition, because of the atomising fear and despondency that his regime of terror induced in the population, as well as because of the international financial support his government received from or through the West, especially Britain and the United States. Kenya under Moi’s authoritarian rule was the proverbial crocodile’s lair where no freedom fighter or radical nationalist sought refuge.

Daniel arap Moi may have fancied himself as an African statesman – and was even eulogised as one by many – but his reign is a study on how authoritarian leaders sustained their grip on power during the Cold War. The evils of the Nyayo era recall Lord Acton’s maxim: absolute power corrupts absolutely.

To think of Moi as either a “Big Man” or a “strongman” is to ignore the institutional distortions that enabled him to rule over Kenya with an iron fist, and the domestic and international support that sustained his presidency.

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Revisiting the Goldenberg Ghosts

14 min read. The Goldenberg scandal did not just negatively impact the Kenyan economy, it also left in its wake damaged and destroyed lives. Central Bank of Kenya employees who raised queries about the massive fraud were quickly sacrificed. These individuals and their families have hauntingly traumatic memories of Moi and his government.

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As a curious child growing up in the early 1990s, I had a general idea from reading the newspapers that my father brought home that Daniel arap Moi’s Kenya was not a place to play around. Then, in August 1992, these abstract ideas became realities. One evening, my visibly distressed mother brought home a newspaper bearing the photo of her elder brother appearing unconscious and lying on a bed at Nairobi Hospital. The caption had my uncle’s name, Francis Lukorito (whom we called Uncle L), followed by an explanation that the hospitalised Central Bank of Kenya employee had been arrested days earlier in relation to the mysterious death of the multiparty stalwart Masinde Muliro.

Pius Masinde Muliro, the founding member of the Forum for the Restoration of Democracy (FORD), had been declared dead on a Nairobi-bound flight from London, where he had gone to fund-raise for the party. FORD was a serious contender in the 1992 general election following the repeal of Section 2(a) of the constitution, abolishing Moi’s one-party state. That newspaper, with the usually charming Uncle L appearing bruised, swollen and defeated, became part of family memorabilia, in remembrance of the day my uncle became an enemy of the state.

Uncle L was a tall, heavily built and worldly individual who people aspired to become. He finished his high school education at Lenana School and proceeded to undergraduate Bachelor of Commerce studies at the University of Nairobi. He was an impressionable 23-year-old when the Central Bank of Kenya came calling in 1976. He was first sent to Milan, then to Washington, D.C. for further training. Within a short period of time, he became the bank’s superintendent, then the senior Superintendent. The future was supposed to be bright – until August 1992 happened.

As narrated to the Judicial Commission of Inquiry into the Goldenberg Affair, where Uncle L took the witness stand on 14 January 2004, the truth was that Muliro and Uncle L came a long way. When Muliro was attending school in Tororo, Uganda, before proceeding to the University of Cape Town in South Africa, he made a habit of passing by my grandfather’s home at the Kenya-Uganda border, not too far from Tororo, where he spent time with my grandfather, who was his age-mate. Since then, Muliro remained a regular visitor to my late grandfather’s home, in the process becoming my uncle’s guardian.

On 14 August 1992, while minding his business at work, Uncle L received a call from a friend who informed him that Muliro was dead. Shocked and in disbelief, he left for Muliro’s Nairobi residence in Upper Hill, where he confirmed the news. As Muliro’s children contemplated their next move in dealing with their patriarch’s death, it was decided that Uncle L would become the treasurer for the funeral organising committee. Uncle L drove back to work, unaware that his association with Muliro was about to be conveniently used as a scapegoat to kick him out of the Central Bank – in a bigger game of chess that was being played at Moi’s State House.

Five days later, on 19 August 1992, three plainclothes policemen showed up at the Central Bank. With them was Mr. H. H. Njoroge, Uncle L’s head of division, and a Mr. Karanja, the bank’s chief security officer. The men requested Uncle L to accompany them. No explanations were given. Since the bank officials were aware of what was transpiring, Uncle L obliged. Outside the bank building, on Haile Selassie Avenue, Uncle L saw a Special Branch Peugeot 504 station wagon with two more men inside. There and then, in Moi’s Kenya of detention without trial, he knew his goose was cooked. Multiparty politics had been begrudgingly restored, and although it appeared the democratic space was expanding, in Uncle L’s world, there lurked a monster which was about to cripple the Kenyan economy, an ogre which he and a few others had tried to slay, but which had now come back to haunt them.

As senior superintendent, Uncle L had to scrutinise all export compensation scheme-related CD3 forms submitted to the Central Bank by commercial banks on behalf of their exporting customers. Uncle L worked with Mr. David Meader, an Australian national seconded to the bank from the International Monetary Fund. The duo flagged a whopping 17 billion shillings, which they considered an irregular payout to a company called Goldenberg International, which was purporting to be exporting massive amounts of gold and diamonds on a daily basis to Europe, the Middle East and Asia (even though Kenya had no known commercial deposits of either). For every US dollar earned in the purported sales abroad, Goldenberg was under a statutory export compensation claim where it was paid thirty US cents by the Central Bank in Kenya shillings as a reward for boosting Kenya’s exports.

However, proof of sales and exports of gold and diamonds later turned out to be forgeries.

By mid-1992, six months prior to the first multiparty presidential election in three decades, the flow of CD3 forms intensified. At that time, Uncle L and Mr. Meader raised red flags about what they believed was fraud by writing to the Central Bank’s chief banking manager, the director of research, the deputy governor and the national debt office. As they kept scrutinising more CD3 forms, more anomalies surfaced. Unknown to Uncle L and Mr. Meader, the scheme involved some of the most powerful individuals in Kenya, including the Head of the Special Branch (Kenya’s intelligence service), who was a partner in Goldenberg International, a company owned by Kamlesh Pattni.

Two decades later, while answering a question posed by the Goldenberg Commission’s lead counsel, Dr. John Khaminwa, Uncle L admitted that he and Mr. Meader suspected that they were in the middle of a multi-billion financial scandal, which was being executed right in front of their eyes. As it would later emerge, some of the individuals whom they wrote to complain about the 17 billion shillings and other irregularities were in fact part of the action.

Khaminwa: Why do you believe Mr. Riungu, Mr. Waiguru and Mr. Karanja were responsible for your arrest? 

Lukorito: Because when I was working on pre-shipment finance papers, Mr. Pattni was very close to Mr. Riungu. On a daily basis, Mr. Pattni would come and see Mr. Riungu. While working on the papers with Mr. Meader, I would see Mr. Pattni going into Mr. Riungu’s office next door.

Upon entering the Peugeot 504, Uncle L was driven to the Nairobi Area Police Headquarters, where he was taken to a basement office. There, he met three policemen – Mr. Kimurgor, Mr. Murage and Mr. Slim – who wanted to know how he knew Muliro, how he came to know about Muliro’s death, how close he was to the opposition leader, and whether he knew where Muliro stayed. Uncle L gave them the history by writing a 16-page statement.

Later that evening, he was thrown into the back seat of the Peugeot, where he was made to lie down on the vehicle’s floor. The policemen sat and stepped on him as they drove along. After a not-so-smooth drive, the vehicle slowed down at what seemed like the entrance of a building. As they pulled Uncle L out, he saw Hotel InterContinental’s beige façade. If he hadn’t expected the worst, then being in the precincts of Nyayo House gave him reason to be afraid.

Two decades later, while answering a question posed by the Goldenberg Commission’s lead counsel, Dr. John Khaminwa, Uncle L admitted that he and Mr. Meader suspected that they were in the middle of a multi-billion financial scandal…As it would later emerge, some of the individuals whom they wrote to complain about the 17 billion shillings and other irregularities were in fact part of the action.

He was taken to an upper floor within Nyayo House where he met a new set of hostile Special Branch interrogators. This time, the story was that he was an opposition mole within the bank. He told them he wasn’t. The beating started. Uncle L collapsed. When he came to, he was in a dark room filled with water that made his skin itchy. His body was swollen and aching all over. Lucky for him, he was picked up later that night and delivered to Parklands Police Station.

The following morning, Uncle L was driven to Nairobi Area Police Headquarters. This time there was not much to talk about other than kicks and blows. He collapsed. When he came to, he found himself at Nairobi Hospital, where the photo in the newspaper my mother brought home was taken. How the media knew who he was, why he had been arrested and where he was hospitalised is anyone’s guess. Uncle L had not been charged with any crime, but he had been badly tarred with a broad brush – he was now a government official caught in the middle of the country’s “dangerous” opposition politics. He stayed bedridden for six days.

The impact of the beatings meted on Uncle L are captured in the 14 January 2004 proceedings of the Goldenberg Commission, which read: (The witness was then referred to a medical report signed by Dr. D. K Gikonyo, a physician and cardiologist, which showed that on admission, among other things, his blood pressure was extremely high – 230/130. (He has since become hypertensive.) After a mandatory two week sick leave, Uncle L was quickly interdicted.

“Following your arrest by the police on 19 August 1992, we write to advise you that it has been decided to interdict you with immediate effect in accordance with Rule 6.35 (b) of the Staff Rules and Regulations,’’ read the letter from the Central Bank of Kenya’s Administration Division, signed by Mr. C.K. Ndubai. ‘‘While on interdiction, you will be paid half your salary and you will be required to report on every working day to the Head, Security Division, where you will sign a register of attendance. You will not leave your place of work except with the permission of the Head of Security Division. The interdiction will remain in force until further notice.” 

This is how a lame game of ping pong at the highest level of Moi’s government started. On 21 September 1992, Uncle L received another letter, ostensibly reversing his earlier interdiction and requesting him to report to the Principal, Development Division, for assignment of duties.

“This is to advise you that it has been decided that your interdiction be lifted with immediate effect and that you report in your former Division. Accordingly, please arrange to report to the Principal, Development Division immediately for assignment of duties.”

On 8 July 1993, Mr. J. K. Waiguru, the Central Bank’s Secretary had some news.

“Following the lifting of your interdiction and posting back to your division, there has been further development in this matter. Would you please report to the Deputy Governor for further instructions.”

When Uncle L went to see the deputy governor, he was advised to go and see the head of the civil service, Prof. Philip Mbithi, who was stationed at Harambee House. Prof. Mbithi told Uncle L to go home and wait. Someone would be sent to him. Uncle L waited for over six months without pay. Then in February 1994, Prof. Mbithi sent someone to Uncle L’s Nairobi home to bring him over. On reaching Harambee House, Prof. Mbithi referred Uncle L to his personal assistant, Mr. S. Z. Ambuka. Mr. Ambuka showed Uncle L a letter dated 10 February 1993 – signed by Mr. Ambuka – addressed to Dr. Wilfred Koinange, the Permanent Secretary in the Ministry of Finance.

You will recall that early this week, I talked to you about the redeployment of the above-named officer who previously worked with the Central Bank and whom we were asked to assist in re-deploying to any of the other banking institutions.

You asked me to check with the Central Bank and confirm [Uncle L’s] status with them before you could take over the case. I had discussions with the bank secretary who confirmed that:

(a) When [Uncle L] had a discipline case with them, he was struck off their payroll.

(b) However, when it was later decided that [he] be forgiven and rehabilitated, he was reinstated in the payroll.

(c) Later on, a decision was made that [Uncle L] be referred to the Office of the President for re-allocation of duties elsewhere. When he was referred to the Office of the President (and subsequently to Treasury), he ceased being in the CBK payroll.

(d) The Bank Secretary advises that [Uncle L] could apply for early retirement from the bank. This early retirement, if approved, would be frozen as [Uncle L] would not be entitled to any retirement benefits until he attains the mandatory age of 50 years.

(e) [Uncle L] would then be available for you to assist him get a fresh placement in any other financial institutions.

[Uncle L] has accordingly been informed and is herewith sent to you for the necessary assistance.”

There it was. Having tried to kick Uncle L out of the Central Bank and failed, his case had now been referred to the country’s top civil servant at Harambee House to enact the final chess move. It was being fashioned as a case of an ill-disciplined employee, but no one at the Central Bank wanted to take administrative responsibility for Uncle L’s predicament. It was all so confusing until Jacinta Mwatela, a witness at the Goldenberg Commission, solved the puzzle.

Khaminwa: Were you forgiven and rehabilitated? 

Lukorito: I do not know that I was supposed to be forgiven because I had committed no offence.

Khaminwa: Something I don’t seem to understand. You were employed by the Central Bank, then how does the Head of the Public Service come into a corporate organisation like CBK?

Lukorito: I do not understand either.

Khaminwa: In Mrs. Mwatela’s statement in Exhibit 111, could you read what she says about you.

Lukorito: [Reads statement.] “I remember Mr. Pattni visiting me in my new office. He arrogantly and proudly reprimanded me for my alleged stupidity in questioning his affairs. He claimed that my stupidity would get me nowhere. I did not reply to him. He specifically referred to one Mr. Lukorito who had been sacked and informed me that no one played about with him and got away with it. I knew he had powerful connections and no purpose would be served in answering him.”

There it was, confirmed in black and white: Goldenberg. Uncle L’s mistake was that he had stood in the way of Kamlesh Pattni, who could leverage state power, including the Office of the Head of the Civil Service, to deal with him firmly.

Having tried to kick Uncle L out of the Central Bank and failed, his case had now been referred to the country’s top civil servant at Harambee House…It was being fashioned as a case of an ill-disciplined employee, but no one at the Central Bank wanted to take administrative responsibility for Uncle L’s predicament. It was all so confusing until Jacinta Mwatela, a witness at the Goldenberg Commission, solved the puzzle.

Unless one lived through it or studied Moi’s state in the 1980s and 1990s, one may be prone to ask: How could Pattni wield so much power within the state, including at the Office of the President, knowing that power was centralised around Moi? More importantly, one may then want to ask: How did Uncle L try to interfere with the Goldenberg pay-outs, and did he have powers to stop Kenya’s biggest economic crime to date? The answer lies in an exchange between Uncle L and lawyer Cecil Miller, appearing for the Deposit Protection Fund at the Goldenberg Commission.

Miller: Mr. Lukorito, did you question the duplication of CD3s in writing?

Lukorito: Yes. They should be with CBK.

Miller: Who did you write to?

Lukorito: The chief banking manager, the director of research, the deputy governor and the national debt office.

Miller: Did you get a response?

Lukorito: They did not come directly but they came in the form of whether we had agreed on the level of Treasury Bills that we were to advertise for the weekly tenders. If we all agreed on the amount, we would advertise. 

Miller: Am I right in saying that technically you were the final port of call in relation to CD3s and pre-shipment?

Lukorito: Yes my lords.

Miller: If you look at page 17 of your statement, you mention Exchange and Pan African banks. 

Lukorito: Yes my lords. 

Miller: You then proceed to say on page 18; “The funds would be withdrawn from CBK under a currency withdrawal scheme by the two banks and then the amount withdrawn by the beneficiaries at the bank.” Would you know who the beneficiaries were?

Lukorito: I would not know my lords. We would detect the money movement using the open market operations ledger. 

Miller: You raised a concern on page 39 – your memo – on the potential snowball effect on the banking sector. And you got a response which you say you were not satisfied with?

Lukorito: I was not my lords.

Miller: If you look at page 14 of your statement, you list the beneficiaries of the pre-export finance scheme. You left the bank in November 1994. 

Lukorito: I was arrested on August 19, 1992 and from that day I just used to report but I was not working within the bank.

Miller: So you would not know that three of these banks went into liquidation thereafter?

Lukorito: I wouldn’t know. 

Miller: And you would not know whether they had paid their pre-shipment funds by the time? 

Lukorito: I would not know. 

Dr. Wilfred Koinange seemed like a man of few words. ‘‘I have nothing to do with you,’’ he told Uncle L. With that, my uncle was forcibly retired from the Central Bank of Kenya aged 40, an age where he wasn’t entitled to a pension. This is how Kenya is known to treat its best.

‘‘That is all I wish to say in deciding to risk my life by becoming an actor instead of a privileged spectator in the fraudulent deals through CBK during my last years with them.’’ Uncle L told the Commission when wrapping up his testimony. ‘‘And while I can claim a background in central banking, I can only claim a very great interest in the fields of money, banking and finance which would have enabled me to contribute to the economic transformation taking place in our sub-region. It is my hope that someday I will have the opportunity to bring to consummation that interest.’’                                                            

*** 

Sometime in 2014, Uncle L pulled me aside during a family gathering, sat me under a tree and started reading to me a letter of solidarity sent to him during his travails at the hands of the Moi state by a mutual friend he shared with Muliro, who had since moved abroad. The letter was aged, worn thin by the elements and now turning brownish. As he read it, it was as if he was being transported into a different realm. Tears started rolling down his cheeks, but his voice didn’t falter. He was crying, but he wasn’t. I felt both sorry and proud of him, for his endurance, defiance and stoicism. It was an awkward yet special moment. As always, the conversation veered back to Goldenberg. He quickly dispatched his son to bring more documents. He wanted to show me the architects of the 1990-1994 Goldenberg fraud.

Unless one lived through it or studied Moi’s state in the 1980s and 1990s, one may be prone to ask: How could Pattni wield so much power within the state, including at the Office of the President, knowing that power was centralised around Moi?

According to Uncle L, much as it had siphoned billions of shillings, Goldenberg International was not the only guilty party; the Goldenberg Inquiry listed over 500 individuals and companies as recipients of portions of the loot. In the end, the Kenyan public was defrauded to the tune of 158 billion shillings (2.8 billion US dollars at the 1994 exchange rate), the scam transferring the equivalent of over 10% of Kenya’s GDP for the 5 years concerned into private hands. In the process, the Kenya shilling collapsed – dropping from 21 shillings in 1990 to 56 shillings in 1994 against the US dollar. Some of the names Uncle L mentioned, known to those who know within the banking system, left me dumbfounded. But then no one could talk. Those like him who dared speak were unceremoniously pushed to the gutter, their lives turned upside down.

The same fate befell Joseph Mumelo, the Central Bank’s Head of Foreign Exchange, who was married to my mother’s first cousin. As mentioned in the 8 February 2020 Saturday Nation article “Legitimate and dubious means Moi used to build empire”, Uncle Joe was asked not to interfere whenever money was siphoned through the Moi-affiliated Transnational Bank. In 1993, a terrified and non-cooperative Uncle Joe was arrested and detained before being kicked out of the bank.

When I joined Nairobi School in 1999, my family had already moved out of Nairobi, and so I spent my mid-term breaks either at Uncle Joe’s or Uncle L’s. They both had children my age. By then, Uncle L had long moved to his rural home. Uncle Joe retreated to his new home on the outskirts of Nairobi.

Whenever I visited, Uncle Joe and I stayed up until the wee hours of the morning playing Scrabble. He would open up to me about all sorts of things. Through him and Uncle L, I learnt the proper meaning of lying low. Just like Uncle L, Uncle Joe never drove any of his cars. He enlisted the services of a taxi driver who drove a Volkswagen beetle, and unless the guy showed up, Uncle Joe rarely left the house. On some nights, when he was brought home by his friends, Uncle Joe refused to get out of the vehicle until the song playing on the car stereo played to the end. His were little pleasures. Just like Uncle L, with his roaring voice, he cursed loudly at Moi and his men on the rare occasions he watched the news. Everyone knew to stay quiet.

According to Uncle L, much as it had siphoned billions of shillings, Goldenberg International was not the only guilty party; the Goldenberg Inquiry listed over 500 individuals and companies as recipients of portions of the loot. In the end, the Kenyan public was defrauded to the tune of 158 billion shillings (2.8 billion US dollars at the 1994 exchange rate)…

Seeing that Uncle Joe died before he could appear as a witness at the Goldenberg Commission, Uncle L decided to do family duty by adding Uncle Joe’s police statement at the time of his arrest as an annexure to his own, so that Uncle Joe could be heard posthumously. Below, the Commission’s Dr. Khaminwa questions Uncle L about Uncle Joe’s statement on the pay-outs.

Khaminwa: Would you look at your additional statement and read it. 

Lukorito: [Reads statement.]Further to my January 12, 2004 statement, I wish to state that sometime in July 1993, I learnt from the Central Bank of Kenya that one of my former seniors there, Mr. Joseph Mumelo had been arrested by police and was at Kileleshwa Police Station. I visited him and he told me that the previous governor Mr. Kotut had asked him to pass some cheques relating to some banks and when he later on put it in writing, the governor disowned him. I told him that I also had a similar problem with pre–export finance in relation to Goldenberg International. He told me he believed that it was the source of my problem with the bank. I later learnt that he was released and retired from bank service. I have been shown a statement recorded from the late Mumelo on July 23, 1993. The deceased shared the same views as those noted in my memo to Mr. Riungu on January 21, 1992. 

Khaminwa: You state that you had problems with Mr. Kotut regarding pre–export finance, could you remind us what the problem was? 

Lukorito: We got some applications from Goldenberg International but Mr. Riungu was absent. The papers were pushed to Mr. Kotut’s office but we never got any reply. We were not able to proceed because the papers were, to me, very suspect. They had the same CD3 serial numbers from different banks and the amounts were substantial. Mr. Mumelo appeared scared and told me that he was not staying at home because he had been threatened by powerful people. He was moving from hotel to hotel. He cautioned me and from July 1993, I never drove any of my vehicles.

Uncle Joe’s and Uncle L’s well-being – careers, livelihoods, health, family life and their wives’ and children’s welfares and futures – all became collateral damage because they raised queries which had the capacity to unravel Goldenberg. These are the hauntingly traumatic memories some families have of Moi and his government. Sadly, the Goldenberg culprits remain unpunished to date.

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